DECISION & ORDER Before the Court are the parties’ motions for summary judgment. See dkt. # 38-39. The Court will decide the motions without oral argument. I. BACKGROUND This case concerns insurance coverage for rental property in Watertown New York. Plaintiffs Richard Converse and Stephanie Converse own the property. Defendant State Farm Fire and Casualty Company (“State Farm”) insured the property at the relevant time. After a fire on December 8, 2019, Plaintiffs sought coverage under the insurance policy. Plaintiffs brought this action when Defendant denied coverage for much of the claim. The property in question was at 442 Flower Avenue East, Watertown, New York. Defendant’s Statement of Material Facts (“Defendant’s Statement”), dkt. # 44-9, at 1.1 State Farm insured that property under a homeowners policy. Id. The policy in question contained certain provisions that Defendant highlights. Id. at
2-4. One provision describes an insured’s duties after a loss, which include a requirement that the insured “must cooperate with us in the investigation of the claim” and provide within 60 days a “signed, sworn proof of loss” that details the “time and cause of the loss,” describes damaged structures and property, and details expenses for rental of replacement property. Id. Another provision describes “conditions,” which explains that “[w]e do not provide coverage for an insured who, whether before or after a loss has: a. intentionally concealed or misrepresented any material fact or circumstances; or b. engage[d] in fraudulent conduct.” Id. at 3. A final provision covers lawsuits against State Farm, setting out that “[n]o action will be brought unless there has been compliance with the policy provisions. Any action by any party must be started within two years after the date of loss or damage.” Id. at 4. Though they disagree about the implications of the document, the parties agree that Plaintiff Stephanie Converse sent a letter to Joseph Pelton on or about November 8, 2019. Id. at 5. The letter stated: Joe, How have you been? I miss you! Hope all is well and your (sic) doing good. Having issues with my house again. Need help this time! I will pay $5,000 cash when I get the insurance. The back door will be unlocked and open to the basement. That’s where the access to utilities are. Tues and Wed (sic) are good during day. Make look like electrical. I will come up after it happens so I will meet up with you. property (sic) is at 442 & 444 Flower Ave. East. It’s a mint green house with garage. Love you, See you soon. Stephanie. Id. The envelope that contained the letter had a November 8, 2019 postmark. Id. While Plaintiffs admit that Stephanie Converse mailed the letter, they “deny any implication or allegation that Stephanie Converse committed insurance fraud, paid anyone to commit arson on the property, or was in any way involved in the fire that caused the loss on the property.” Plaintiffs’ Response to Defendant’s Statement of Material Facts (“Plaintiff’s Response”) at 5. Stephanie Converse filed a claim on December 8, 2019 for the loss caused by the fire. Defendant’s Statement at 7. Julio Loarca of State Farm conducted a recorded interview of Stephanie Converse on December 11, 2019. Id. at 9. Loarca asked Stephanie Converse if she had “ever ask[ed] anyone to burn the house?” Id. 10. Converse responded “no.” Id. Loarca also asked “[d]id you ever have a conversation with anyone about burning the house?” Id. at 11. Converse replied “[n]o. Not that I can recall.” Id. When asked about the phrase “not that,” Converse replied, “but no.” Id. Loarca also asked Stephanie Converse is she had “ever writ[ten] anyone either via text, via email or paper about…requesting to burn the house.” Id. at 12. Converse replied “[n]o I have not.” Id. State Farm mailed Stephanie Converse a letter on December 11, 2019, which she received on December 17, 2019. Id. at
